Date: Mon, 31 Oct 1994 12:10:12 -0500
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Tasmania, October 29, 1994
Four Tasmanian men who confessed to having sex with other men earlier this
year will not be charged, despite the act being illegal in the state.
In what has been hailed by gay activists as a victory for human rights and
another example of how farcical are Tasmania's anti-gay laws, the state
director of public prosecutions has recommended no charges be laid
following an investigation into the matter.
Rodney Croome, 30, Jason Rostant, 22, Roland Sinn, 21, and Richard Hale,
32, gave Hobart police statutory declarations in May detailing that they
had had sex with other men.
Lesbian activist Lavinia Savell, 21, had also turned herself in on the
grounds she had aided and abetted Mr. Rostant by letting him have gay sex
in her house.
In a report filed to police prosecutors yesterday, DPP Damian Bugg, QC,
said the cases before him represented "instances where 'alleged criminal
conduct' should not, in the public interest, be prosecuted. This is one
of those cases."
"I take into account the fact that this conduct was in private and there
was no risk of any member of the community observing it," Mr. Bugg said.
"I also take into account the fact Mr. Croome and partner Nick Toonen are
mature adults and there is no suggestion of involvement of young persons."
He said, at least in Mr. Croome's case, there was sufficient evidence of
criminal conduct to satisfy normal tests of gravity before prosecutions
were commenced.
"There are no doubt individuals and groups within the community who would
say, in those circumstances, that a prosecution should be commenced. If a
prosecution of Mr. Croome was brought and successfully concluded, I would
not seek a custodial or other serious penalty from the court. There is no
complainant-victim and no suggestion that the conduct involved young
persons."
Mr. Croome, spokesman for the Tasmanian Gay and Lesbian Rights Group, said
the decision undermined the state government's determination to retain the
laws, deemed a breach of human rights by the United Nations Human Rights
Committee.
"According to the DPP, the police can't look for evidence, and when they
are presented with evidence, they don't want it," Mr. Croome said.
"This is an important step along the road to freedom for gay men in
Tasmania because it means that our anti-gay laws serve absolutely no
purpose and should be repealed immediately."
"Attorney-General Ron Cornish has the power to prosecute us and he has said
that prosecutions would be launched if there was sufficient evidence.
Because the DPP says there is sufficient evidence, Ron Cornish has no
choice but to launch a prosecution against us himself."
A spokesman for the pro-family Tas-Alert group, Richard Gibbs, said he was
not disappointed by the decision. "This was a set-up from the start and a
prosecution would not serve any useful purpose," he said.
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